AJAY KUMAR @ SONU Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS order shall dispose of two applications under Section 439 of the Code of Criminal Procedure arising out of the same FIR.

(2.) THE petitioners are accused in FIR No. 228/13 registered against them in Police Station, Ghumarwin, District Bilaspur under Sections 307, 326, 325, 341, 506 read with Section 34 of the Indian Penal Code. They have been arrested on 8.11.2013 and are presently in judicial custody.

(3.) THE occurrence has taken place on 4.11.2013 around 7.30 p.m. at village Majehrwa Thalotu, Tehsil Ghumarwin, District Bilaspur. Principal accused in this case is Ashwani Kumar, because it is he who allegedly came out from car No. HP23 -5355 along with sharp edged weapon and assaulted victims namely Neeraj Kumar and Ashish at village Majehrwa Thalotu in the presence of Santosh Kumar, the complainant. The accused -petitioners allegedly were also occupants of the same car and later on they also alighted from the car and administered beatings to injured Neeraj Kumar and Ashish. Injured were removed to the hospital by the complainant. In the hospital, the statement of complainant Santosh Kumar under Section 154 Cr. P.C. was recorded. The injured were also associated in the investigation of the case. Besides them, one Sunil, who also came at the place of occurrence along with Narender on his motorcycle and allegedly the accused persons tried to over run them also with the car has also been associated in the investigation of the case. The medical evidence collected by the police reveals that injury No. 1 on the person of both Neeraj and Ashish has been found to be dangerous to life.